ART. 8.] CECIL COBtTTT. 461

thereof; and if either, upon the request of the other, shall fail to
make or repair his proportion within twenty days, the party
suffering by •such failure may apply to some justice of the peace
of the county, who, upon proof that the fence is down, or out of
repair, may authorize the person applying to make or repair the
same.

97. The person making or repairing a fence under the pro-
visions of the last aforegoing section may recover his costs and
expenses in the same manner as other debts,

FISH.

98. The county commissioners of Cecil county shall appoint
annually a constable in the district adjoining the Bald Friar
ferry, on the Susquehanna River, whose duty it shall be to
examine every fish pot erected in the river at least once a week
in the season the young shad usually descend the river, and if he
find any fish pot or net erected in the river within the limits of
Cecil county, wherein the bottom slats shall be more than one
and a half inches wide, or placed together closer than three-
quarters of an inch, or not rounded on the top part, or with the
bottom thereof covered with a basket, or asny other device so as
to close the opening therein, whereby the young sliad may be
deatroyed, he shall give notice thereof to any justice of the
peace of the county, who shall, upon such information of said
constable, or of any other person on oath, issue his warrant to
, apprehend such owner, and take him before some justice of the
peace of the county, and he shall, by the justice before whom he
may be taken, be compelled to enter into recognizance for his
appearance at the next term of the Circuit Court for Cecil
county.

99. The person so arrested shall be proceeded against by,
indictment in the Circuit Court aforesaid, and upon conviction or
confession of the offence charged, shall be fined by the court not
exceeding sixty dollars for any such offence, one-half to the con-
stable aforesaid, or such other person as shall prosecute for the
game, the other half to the use of the county.

100. The said constable, for the discharge of the duties afore-
said, and upon his making oath thereto, shall be allowed by the
county commissioners the sum of sixteen dollars per annum.